Charter fundamental-rights
Upcoming SlideShare
Loading in...5
×

Like this? Share it with your network

Share
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
783
On Slideshare
526
From Embeds
257
Number of Embeds
7

Actions

Shares
Downloads
5
Comments
0
Likes
0

Embeds 257

http://nosvamosaestrasburgo.blogspot.com.es 193
http://nosvamosaestrasburgo.blogspot.com 58
http://www.blogger.com 2
http://nosvamosaestrasburgo.blogspot.jp 1
http://nosvamosaestrasburgo.blogspot.co.uk 1
http://nosvamosaestrasburgo.blogspot.it 1
http://nosvamosaestrasburgo.blogspot.fr 1

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. CHARTER OF FUNDAMENTAL RIGHTS OF THEEUROPEAN UNION(2010/C 83/02)EN30.3.2010 Official Journal of the European Union C 83/389
  • 2. The European Parliament, the Council and the Commission solemnly proclaim the following text asthe Charter of Fundamental Rights of the European Union.CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNIONPreambleThe peoples of Europe, in creating an ever closer union among them, are resolved to share a peacefulfuture based on common values.Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal valuesof human dignity, freedom, equality and solidarity; it is based on the principles of democracy and therule of law. It places the individual at the heart of its activities, by establishing the citizenship of theUnion and by creating an area of freedom, security and justice.The Union contributes to the preservation and to the development of these common values whilerespecting the diversity of the cultures and traditions of the peoples of Europe as well as the nationalidentities of the Member States and the organisation of their public authorities at national, regionaland local levels; it seeks to promote balanced and sustainable development and ensures freemovement of persons, services, goods and capital, and the freedom of establishment.To this end, it is necessary to strengthen the protection of fundamental rights in the light of changesin society, social progress and scientific and technological developments by making those rights morevisible in a Charter.This Charter reaffirms, with due regard for the powers and tasks of the Union and for the principleof subsidiarity, the rights as they result, in particular, from the constitutional traditions andinternational obligations common to the Member States, the European Convention for theProtection of Human Rights and Fundamental Freedoms, the Social Charters adopted by theUnion and by the Council of Europe and the case-law of the Court of Justice of the EuropeanUnion and of the European Court of Human Rights. In this context the Charter will be interpreted bythe courts of the Union and the Member States with due regard to the explanations prepared underthe authority of the Praesidium of the Convention which drafted the Charter and updated under theresponsibility of the Praesidium of the European Convention.Enjoyment of these rights entails responsibilities and duties with regard to other persons, to thehuman community and to future generations.The Union therefore recognises the rights, freedoms and principles set out hereafter.EN30.3.2010 Official Journal of the European Union C 83/391
  • 3. TITLE IDIGNITYArticle 1Human dignityHuman dignity is inviolable. It must be respected and protected.Article 2Right to life1. Everyone has the right to life.2. No one shall be condemned to the death penalty, or executed.Article 3Right to the integrity of the person1. Everyone has the right to respect for his or her physical and mental integrity.2. In the fields of medicine and biology, the following must be respected in particular:(a) the free and informed consent of the person concerned, according to the procedures laid downby law;(b) the prohibition of eugenic practices, in particular those aiming at the selection of persons;(c) the prohibition on making the human body and its parts as such a source of financial gain;(d) the prohibition of the reproductive cloning of human beings.Article 4Prohibition of torture and inhuman or degrading treatment or punishmentNo one shall be subjected to torture or to inhuman or degrading treatment or punishment.Article 5Prohibition of slavery and forced labour1. No one shall be held in slavery or servitude.2. No one shall be required to perform forced or compulsory labour.3. Trafficking in human beings is prohibited.ENC 83/392 Official Journal of the European Union 30.3.2010
  • 4. TITLE IIFREEDOMSArticle 6Right to liberty and securityEveryone has the right to liberty and security of person.Article 7Respect for private and family lifeEveryone has the right to respect for his or her private and family life, home and communications.Article 8Protection of personal data1. Everyone has the right to the protection of personal data concerning him or her.2. Such data must be processed fairly for specified purposes and on the basis of the consent of theperson concerned or some other legitimate basis laid down by law. Everyone has the right of accessto data which has been collected concerning him or her, and the right to have it rectified.3. Compliance with these rules shall be subject to control by an independent authority.Article 9Right to marry and right to found a familyThe right to marry and the right to found a family shall be guaranteed in accordance with thenational laws governing the exercise of these rights.Article 10Freedom of thought, conscience and religion1. Everyone has the right to freedom of thought, conscience and religion. This right includesfreedom to change religion or belief and freedom, either alone or in community with others and inpublic or in private, to manifest religion or belief, in worship, teaching, practice and observance.2. The right to conscientious objection is recognised, in accordance with the national lawsgoverning the exercise of this right.EN30.3.2010 Official Journal of the European Union C 83/393
  • 5. Article 11Freedom of expression and information1. Everyone has the right to freedom of expression. This right shall include freedom to holdopinions and to receive and impart information and ideas without interference by public authorityand regardless of frontiers.2. The freedom and pluralism of the media shall be respected.Article 12Freedom of assembly and of association1. Everyone has the right to freedom of peaceful assembly and to freedom of association at alllevels, in particular in political, trade union and civic matters, which implies the right of everyone toform and to join trade unions for the protection of his or her interests.2. Political parties at Union level contribute to expressing the political will of the citizens of theUnion.Article 13Freedom of the arts and sciencesThe arts and scientific research shall be free of constraint. Academic freedom shall be respected.Article 14Right to education1. Everyone has the right to education and to have access to vocational and continuing training.2. This right includes the possibility to receive free compulsory education.3. The freedom to found educational establishments with due respect for democratic principlesand the right of parents to ensure the education and teaching of their children in conformity withtheir religious, philosophical and pedagogical convictions shall be respected, in accordance with thenational laws governing the exercise of such freedom and right.Article 15Freedom to choose an occupation and right to engage in work1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the rightof establishment and to provide services in any Member State.3. Nationals of third countries who are authorised to work in the territories of the Member Statesare entitled to working conditions equivalent to those of citizens of the Union.ENC 83/394 Official Journal of the European Union 30.3.2010
  • 6. Article 16Freedom to conduct a businessThe freedom to conduct a business in accordance with Union law and national laws and practices isrecognised.Article 17Right to property1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquiredpossessions. No one may be deprived of his or her possessions, except in the public interest andin the cases and under the conditions provided for by law, subject to fair compensation being paid ingood time for their loss. The use of property may be regulated by law in so far as is necessary for thegeneral interest.2. Intellectual property shall be protected.Article 18Right to asylumThe right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and inaccordance with the Treaty on European Union and the Treaty on the Functioning of theEuropean Union (hereinafter referred to as ‘the Treaties’).Article 19Protection in the event of removal, expulsion or extradition1. Collective expulsions are prohibited.2. No one may be removed, expelled or extradited to a State where there is a serious risk that heor she would be subjected to the death penalty, torture or other inhuman or degrading treatment orpunishment.TITLE IIIEQUALITYArticle 20Equality before the lawEveryone is equal before the law.EN30.3.2010 Official Journal of the European Union C 83/395
  • 7. Article 21Non-discrimination1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin,genetic features, language, religion or belief, political or any other opinion, membership of a nationalminority, property, birth, disability, age or sexual orientation shall be prohibited.2. Within the scope of application of the Treaties and without prejudice to any of their specificprovisions, any discrimination on grounds of nationality shall be prohibited.Article 22Cultural, religious and linguistic diversityThe Union shall respect cultural, religious and linguistic diversity.Article 23Equality between women and menEquality between women and men must be ensured in all areas, including employment, work andpay.The principle of equality shall not prevent the maintenance or adoption of measures providing forspecific advantages in favour of the under-represented sex.Article 24The rights of the child1. Children shall have the right to such protection and care as is necessary for their well-being.They may express their views freely. Such views shall be taken into consideration on matters whichconcern them in accordance with their age and maturity.2. In all actions relating to children, whether taken by public authorities or private institutions, thechilds best interests must be a primary consideration.3. Every child shall have the right to maintain on a regular basis a personal relationship and directcontact with both his or her parents, unless that is contrary to his or her interests.Article 25The rights of the elderlyThe Union recognises and respects the rights of the elderly to lead a life of dignity and independenceand to participate in social and cultural life.ENC 83/396 Official Journal of the European Union 30.3.2010
  • 8. Article 26Integration of persons with disabilitiesThe Union recognises and respects the right of persons with disabilities to benefit from measuresdesigned to ensure their independence, social and occupational integration and participation in thelife of the community.TITLE IVSOLIDARITYArticle 27Workers right to information and consultation within the undertakingWorkers or their representatives must, at the appropriate levels, be guaranteed information andconsultation in good time in the cases and under the conditions provided for by Union law andnational laws and practices.Article 28Right of collective bargaining and actionWorkers and employers, or their respective organisations, have, in accordance with Union law andnational laws and practices, the right to negotiate and conclude collective agreements at theappropriate levels and, in cases of conflicts of interest, to take collective action to defend theirinterests, including strike action.Article 29Right of access to placement servicesEveryone has the right of access to a free placement service.Article 30Protection in the event of unjustified dismissalEvery worker has the right to protection against unjustified dismissal, in accordance with Union lawand national laws and practices.Article 31Fair and just working conditions1. Every worker has the right to working conditions which respect his or her health, safety anddignity.2. Every worker has the right to limitation of maximum working hours, to daily and weekly restperiods and to an annual period of paid leave.EN30.3.2010 Official Journal of the European Union C 83/397
  • 9. Article 32Prohibition of child labour and protection of young people at workThe employment of children is prohibited. The minimum age of admission to employment may notbe lower than the minimum school-leaving age, without prejudice to such rules as may be morefavourable to young people and except for limited derogations.Young people admitted to work must have working conditions appropriate to their age and beprotected against economic exploitation and any work likely to harm their safety, health or physical,mental, moral or social development or to interfere with their education.Article 33Family and professional life1. The family shall enjoy legal, economic and social protection.2. To reconcile family and professional life, everyone shall have the right to protection fromdismissal for a reason connected with maternity and the right to paid maternity leave and to parentalleave following the birth or adoption of a child.Article 34Social security and social assistance1. The Union recognises and respects the entitlement to social security benefits and social servicesproviding protection in cases such as maternity, illness, industrial accidents, dependency or old age,and in the case of loss of employment, in accordance with the rules laid down by Union law andnational laws and practices.2. Everyone residing and moving legally within the European Union is entitled to social securitybenefits and social advantages in accordance with Union law and national laws and practices.3. In order to combat social exclusion and poverty, the Union recognises and respects the right tosocial and housing assistance so as to ensure a decent existence for all those who lack sufficientresources, in accordance with the rules laid down by Union law and national laws and practices.Article 35Health careEveryone has the right of access to preventive health care and the right to benefit from medicaltreatment under the conditions established by national laws and practices. A high level of humanhealth protection shall be ensured in the definition and implementation of all the Unions policiesand activities.ENC 83/398 Official Journal of the European Union 30.3.2010
  • 10. Article 36Access to services of general economic interestThe Union recognises and respects access to services of general economic interest as provided for innational laws and practices, in accordance with the Treaties, in order to promote the social andterritorial cohesion of the Union.Article 37Environmental protectionA high level of environmental protection and the improvement of the quality of the environmentmust be integrated into the policies of the Union and ensured in accordance with the principle ofsustainable development.Article 38Consumer protectionUnion policies shall ensure a high level of consumer protection.TITLE VCITIZENS RIGHTSArticle 39Right to vote and to stand as a candidate at elections to the European Parliament1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to theEuropean Parliament in the Member State in which he or she resides, under the same conditions asnationals of that State.2. Members of the European Parliament shall be elected by direct universal suffrage in a free andsecret ballot.Article 40Right to vote and to stand as a candidate at municipal electionsEvery citizen of the Union has the right to vote and to stand as a candidate at municipal elections inthe Member State in which he or she resides under the same conditions as nationals of that State.Article 41Right to good administration1. Every person has the right to have his or her affairs handled impartially, fairly and within areasonable time by the institutions, bodies, offices and agencies of the Union.EN30.3.2010 Official Journal of the European Union C 83/399
  • 11. 2. This right includes:(a) the right of every person to be heard, before any individual measure which would affect him orher adversely is taken;(b) the right of every person to have access to his or her file, while respecting the legitimate interestsof confidentiality and of professional and business secrecy;(c) the obligation of the administration to give reasons for its decisions.3. Every person has the right to have the Union make good any damage caused by its institutionsor by its servants in the performance of their duties, in accordance with the general principlescommon to the laws of the Member States.4. Every person may write to the institutions of the Union in one of the languages of the Treatiesand must have an answer in the same language.Article 42Right of access to documentsAny citizen of the Union, and any natural or legal person residing or having its registered office in aMember State, has a right of access to documents of the institutions, bodies, offices and agencies ofthe Union, whatever their medium.Article 43European OmbudsmanAny citizen of the Union and any natural or legal person residing or having its registered office in aMember State has the right to refer to the European Ombudsman cases of maladministration in theactivities of the institutions, bodies, offices or agencies of the Union, with the exception of the Courtof Justice of the European Union acting in its judicial role.Article 44Right to petitionAny citizen of the Union and any natural or legal person residing or having its registered office in aMember State has the right to petition the European Parliament.Article 45Freedom of movement and of residence1. Every citizen of the Union has the right to move and reside freely within the territory of theMember States.2. Freedom of movement and residence may be granted, in accordance with the Treaties, tonationals of third countries legally resident in the territory of a Member State.ENC 83/400 Official Journal of the European Union 30.3.2010
  • 12. Article 46Diplomatic and consular protectionEvery citizen of the Union shall, in the territory of a third country in which the Member State ofwhich he or she is a national is not represented, be entitled to protection by the diplomatic orconsular authorities of any Member State, on the same conditions as the nationals of that MemberState.TITLE VIJUSTICEArticle 47Right to an effective remedy and to a fair trialEveryone whose rights and freedoms guaranteed by the law of the Union are violated has the right toan effective remedy before a tribunal in compliance with the conditions laid down in this Article.Everyone is entitled to a fair and public hearing within a reasonable time by an independent andimpartial tribunal previously established by law. Everyone shall have the possibility of being advised,defended and represented.Legal aid shall be made available to those who lack sufficient resources in so far as such aid isnecessary to ensure effective access to justice.Article 48Presumption of innocence and right of defence1. Everyone who has been charged shall be presumed innocent until proved guilty according tolaw.2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.Article 49Principles of legality and proportionality of criminal offences and penalties1. No one shall be held guilty of any criminal offence on account of any act or omission whichdid not constitute a criminal offence under national law or international law at the time when it wascommitted. Nor shall a heavier penalty be imposed than the one that was applicable at the time thecriminal offence was committed. If, subsequent to the commission of a criminal offence, the lawprovides for a lighter penalty, that penalty shall be applicable.2. This Article shall not prejudice the trial and punishment of any person for any act or omissionwhich, at the time when it was committed, was criminal according to the general principlesrecognised by the community of nations.3. The severity of penalties must not be disproportionate to the criminal offence.EN30.3.2010 Official Journal of the European Union C 83/401
  • 13. Article 50Right not to be tried or punished twice in criminal proceedings for the same criminal offenceNo one shall be liable to be tried or punished again in criminal proceedings for an offence for whichhe or she has already been finally acquitted or convicted within the Union in accordance with thelaw.TITLE VIIGENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTERArticle 51Field of application1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies ofthe Union with due regard for the principle of subsidiarity and to the Member States only when theyare implementing Union law. They shall therefore respect the rights, observe the principles andpromote the application thereof in accordance with their respective powers and respecting thelimits of the powers of the Union as conferred on it in the Treaties.2. The Charter does not extend the field of application of Union law beyond the powers of theUnion or establish any new power or task for the Union, or modify powers and tasks as defined inthe Treaties.Article 52Scope and interpretation of rights and principles1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must beprovided for by law and respect the essence of those rights and freedoms. Subject to the principle ofproportionality, limitations may be made only if they are necessary and genuinely meet objectives ofgeneral interest recognised by the Union or the need to protect the rights and freedoms of others.2. Rights recognised by this Charter for which provision is made in the Treaties shall be exercisedunder the conditions and within the limits defined by those Treaties.3. In so far as this Charter contains rights which correspond to rights guaranteed by theConvention for the Protection of Human Rights and Fundamental Freedoms, the meaning andscope of those rights shall be the same as those laid down by the said Convention. Thisprovision shall not prevent Union law providing more extensive protection.4. In so far as this Charter recognises fundamental rights as they result from the constitutionaltraditions common to the Member States, those rights shall be interpreted in harmony with thosetraditions.ENC 83/402 Official Journal of the European Union 30.3.2010
  • 14. 5. The provisions of this Charter which contain principles may be implemented by legislative andexecutive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of MemberStates when they are implementing Union law, in the exercise of their respective powers. They shallbe judicially cognisable only in the interpretation of such acts and in the ruling on their legality.6. Full account shall be taken of national laws and practices as specified in this Charter.7. The explanations drawn up as a way of providing guidance in the interpretation of this Chartershall be given due regard by the courts of the Union and of the Member States.Article 53Level of protectionNothing in this Charter shall be interpreted as restricting or adversely affecting human rights andfundamental freedoms as recognised, in their respective fields of application, by Union law andinternational law and by international agreements to which the Union or all the Member Statesare party, including the European Convention for the Protection of Human Rights and FundamentalFreedoms, and by the Member States constitutions.Article 54Prohibition of abuse of rightsNothing in this Charter shall be interpreted as implying any right to engage in any activity or toperform any act aimed at the destruction of any of the rights and freedoms recognised in this Charteror at their limitation to a greater extent than is provided for herein.°° °The above text adapts the wording of the Charter proclaimed on 7 December 2000, and will replaceit as from the date of entry into force of the Treaty of Lisbon.EN30.3.2010 Official Journal of the European Union C 83/403